Man convicted of battery in retrial of Chico bike trail attack

OROVILLE >> A man was convicted in a retrial for an attack along a Chico bicycle trail last June.

Jurors remained about 90 minutes beyond the Butte County Superior Court's business hours Tuesday before reaching their verdict against defendant Francisco Elvis Soto.

Soto, representing himself, was convicted of misdemeanor battery for the attack on Michael Kabel, 61, on the trail near Alba Avenue and Highway 99 at about 8:40 p.m. June 17.

This was the second trial in the matter. The first trial ultimately ended in mistrial Feb. 3. Jurors in the previous trial found Soto not guilty of felony battery with serious bodily injury, but were deadlocked on lesser-included charges.

Tuesday's trial was for the lesser-included charges.

Kabel said outside of court that he was thankful for deputy district attorney Michael Sawyer's hard work to secure a verdict, although it was unfortunate it was a misdemeanor.

"It's a shame it had to go through two different trials to get justice," he said.

During the first trial, Sawyer said Kabel came upon a fire burning in a cul-de-sac near the trail and asked Soto to extinguish it.

When Soto refused, Kabel put out the fire with his foot before Soto punched him in the jaw and left eye. The victim fell to the ground and Soto allegedly kicked him and broke his ribs.

Kabel was able to return to his bike and returned home before ultimately seeking medical assistance.

Sawyer said a 15-year-old male who was with Soto at the time corroborated Kabel's story.

Soto said during the first trial that he acted in self-defense after Kabel attacked him.

Sentencing in this case will await the outcome of a felony trial scheduled to begin Monday. In that case, Soto is charged with felony counts of assault with a deadly weapon and animal cruelty as well as misdemeanor exhibition of a deadly weapon.